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ELECTIONS: Hopefuls face review

Woodbury, other candidates may face term-limit challenge



Photo by Ronda Churchill



Photo by Gary Thompson.

The secretary of state's office could move to yank some of Southern Nevada's longest-serving politicians off the upcoming ballot because of term limits.

The candidacies of several local elected leaders, including Clark County Commissioner Bruce Woodbury, are under review by the state's top elections official, who ruled this week that three Northern Nevada school trustees were ineligible to run because of the 1996 voter-approved law that limits terms to 12 years.

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  • Two of the trustees dropped out of their races Friday, the last day to file for office.

    Matt Griffin, the secretary of state's chief election officer, said he was gathering information on Woodbury and others before decisions were made on challenging their candidacies. The reviews were prompted by complaints, but he wouldn't say who filed them.

    "Anytime you're considering challenging someone's candidacy for office, it's not a decision you take lightly," Griffin said.

    The deadline to file challenges is June 2. Griffin said his office was consulting with the attorney general's office on legal issues surrounding term limits.

    One of Woodbury's campaign advisers said he would fight any challenge of the commissioner's candidacy.

    "This has been kind of out of left field," Jim Ferrence said. "It seems to defy every other previous ruling out there."

    Woodbury planned to run for a final term before leaving the seat he's held since 1981.

    "Nothing's changed," Ferrence said. "We're operating under the presumption that the commissioner is going to be on the ballot."

    Woodbury said Friday night that he was puzzled that state officials waited until so close to the filing deadline to take action. That prevents many worthy candidates from filing, he said.

    "I have no problem if I'm not eligible to run," he said. "I think the community can do fine without me. But for this to come up the last day of filing is pretty bad."

    Before filing for office in 2004, Woodbury asked the Clark County district attorney's office for an opinion on term limits. In her opinion dated Aug. 4, 2003, County Counsel Mary-Anne Miller wrote that Woodbury was eligible to hold office until 2012. Woodbury said the district attorney had assured him the 2000 election was when he became subject to the rule.

    Miller cited a 1996 opinion by then-Attorney General Frankie Sue Del Papa that said the limits did not apply to anyone elected before Nov. 27, 1996.

    "We agree with the Attorney General's analysis that there was no apparent intent to make the term limitation amendment retroactive," Miller wrote.

    Woodbury and the other officials under review were elected several weeks before the law took effect.

    However, the basis of the secretary of state's potential challenge would be that Woodbury and others in his situation were not sworn in until January 1997, after the limits took effect.

    Legislators are in a different situation because their terms are considered to begin immediately after the November election.

    The secretary of state's own 2007-08 Election Information Guide cites the 1996 attorney general opinion, saying, "Term limits are not retroactive and apply only to periods of service commencing after November 27, 1996."

    Any challenges by the secretary of state's office would be referred to the Clark County district attorney's office. Attorneys there would review the challenge and decide whether to file a District Court petition to remove the candidate's name from the ballot, District Attorney David Roger said.

    Although anyone can file a civil lawsuit challenging someone's candidacy, any official challenge would have to come through his office, Roger said.

    "Under statute, our word is final," he said.

    When asked what his office might do with a challenge, Roger referred to Miller's 2003 opinion.

    Woodbury said he has heard talk of how state officials might be using him to challenge term limits. If that's true, then they picked the wrong person as a test case, he said.

    He has no intention of challenging term limits, he said. He'll only oppose an incorrect application of them.

    "So we'll have to wait and see what happens," he said.

    In all three Northern Nevada cases, Secretary of State Ross Miller said the trustees would have served 12 years in their posts by the end of this year and under the term limits written into the Nevada Constitution a decade ago, they can't serve any longer.

    Washoe County school trustee Jonnie Pullman, who withdrew from her race after the challenge, called the secretary of state's actions "absurd" and "unconscionable." She said that if the issue is 12 years, there are other officeholders -- notably many veteran state legislators -- in the same situation.

    However, a Nevada Legislative Counsel Bureau opinion has concluded that for purposes of term limits, the state legislators' first terms began with the election in 1998 rather than 1996.

    If a court fight develops over any other challenges filed by the June 2 deadline, the cases could move quickly to the Nevada Supreme Court. That's a prospect many term-limited officials up for re-election this year would like to see.

    Because of the limits, two dozen veteran legislators, including Senate Majority Leader Bill Raggio, R-Reno, and Assembly Speaker Barbara Buckley, D-Las Vegas, face final races this year or were re-elected for what could be the last time in 2006.

    Besides the state lawmakers, the Nevada Association of Counties has noted that many county commissioners, city council members, mayors, town board members and others are affected by the limits.

    A Supreme Court petition aimed at voiding term limits wouldn't go unchallenged. Main advocates of the limits approved by voters in the mid-1990s included prominent GOP power broker Sig Rogich -- and Rogich hasn't changed his mind on the issue.

    Philip Blumel, head of U.S. Term Limits, which backed Nevada's 1994 and 1996 statewide votes for term limits, said his group also would fight the effort to cancel the limits.

    The Nevada limits are among the most liberal in the nation. They allow legislators to serve 12 years in each house. In some other states, the limit is half that. In addition, Nevada limits statewide constitutional officers to two four-year terms.

    Supporters contend term limits give voters more control and prevent career politicians from locking out newcomers and becoming beholden to special interests. Critics maintain term limits have resulted in a loss of valuable experience, institutional memory and an increase in the power of lobbyists, staff and bureaucrats.

    Review-Journal writer Molly Ball and The Associated Press contributed to this report. Contact reporter Brian Haynes at bhaynes@reviewjournal.com or 702-383-0281. Contact reporter Scott Wyland at swyland@reviewjournal.com or 702-455-4519.



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    HARRY REID wrote on May 17, 2008 11:17 PM: OUR GRAND POOBAH - TEDDY "SPLASH" KENNEDY JUST HAD A STROKE AND NOW HE DOESN'T HAVE TO PRETEND TO BE BRAIN DEAD ANYMORE... HE ACTUALLY IS, LIKE THE REST OF US DUMOCRATS!


    jg wrote on May 17, 2008 04:57 PM: NLV RESIDENT, I'm not trying to be a smart a$$, I truely wish I had your spare time to read though that. I'm sure many of us do. We all sit here and complain, but not many of us take the time to do anything. good job.


    Miller and Cortez Masto are second generation politicians wrote on May 17, 2008 10:37 AM: What do people expect when they elect children of prior politicians. Who do you think trained them? Who do you think backs them? These people will do anything to hang on to their power.

    For those of you newbies, do a Google search "Manny Cortez" that was our AG's father. When the feds tried to clean up this town it was Manny that smelled a rat or a fed. Many have said if Manny had not alerted them many more of our crooked politicians would have gone down. Read the story of operation yobo and connect the dots with those running our state.


    termlimescleanhouse wrote on May 17, 2008 10:06 AM: The DA's office has a conflict. Of course he will take care of Woodbury, they don't do anything unless Woodbury say it's oK. It is time for Woodbury to leave the County Commission he like Reid has to much control over the staff and they don't do anything unless Woodbury and Reid say it's ok. Term limits were approved by the people and they should follow the rules and not try and be above the laws.
    The DA Miller works for the commissioners and her interest is not the prople of the community but her bosses and Woodbury is the main one. Let us just hope that the attorney general who at one time worked for Clark County does the right and correct thing and say term limits apply to Woodbury.
    It is time to clean house.


    tim wrote on May 17, 2008 08:04 AM: the power hungry and greedy politicians hanging on for one last chance.pathetic.hoping that if they can squeeze by this one,they can get a different ruling by our supreme gaming court for the next one.the people have spoken,move on woodbury.


    NLV Resident wrote on May 17, 2008 07:31 AM: In reading the 1996 AGO, which was a response to a question from the Douglas County District Attorney's Office should the voters approve the term limits initiative during the 1996 general election (which, obviously, was approved), the AG clearly states, "If approved, term limits would be in effect for the 1997 municipal elections, and the 1998 primary and general elections, and so on." (ag.state.nv.us/publications/ago/archive/1996_AGO.pdf, pages 58-66) It appears the AGO and the LCB's opinions say the same thing. The SOS's Election Information Guide may state that term limits apply to periods of service commencing after November 27, 1996, but the AGO does not specify "periods of service." Rather, it specifically states, on page 66 (noted above) that term limits begin with the primary and general election of 1998, except for municipal elections. Maybe I'm overreaching here, but a better analysis of the issues could have been written had the journalists actually READ the 1996 AGO. Instead, the article makes it sound like the AGO and the LCB offered differing opinions. For goodness sake, if you're going to include an article like this, please check your facts and get them right.


    Rodman wrote on May 17, 2008 07:05 AM: Why doesn't the secretary of states office check with the hotel/casinos to see what they want to do about this term limit problem. Everyone knows, that nearly all elected politicians and judges are puppets bought, paid for, and controlled by the hotel industry. If you think otherwise, try getting a lottery approved or the approval of a gaming tax increase. raisedapprovedin this sta


    davel wrote on May 17, 2008 07:02 AM: ditto to MB and br!


    Mama Bear wrote on May 17, 2008 06:54 AM: br - your method would be one independent way to clean up the corruption in Nevada altogether, and help pave the way to a new Nevada.


    br wrote on May 17, 2008 06:10 AM: I'm voting against any incumbents. That's my version of term limits.